Losing a loved one is one of the most difficult events that you can endure. When you lose a loved one unexpectedly, the pain intensifies. If that unexpected death is the result of someone else’s negligence or malice, the grief and sorrow can become unbearable. Unfortunately, this is a pain that many families know very well.
Though no amount of legal help or money will bring a loved one back or take away the pain you have endured, you can give yourself the necessary financial support through a wrongful death claim. These cases allow a family to seek reparations for the death of their loved one and help many people to focus on grieving and healing rather than worrying about financial insecurity and expenses.
With the help of a qualified wrongful death lawyer in Roseville, CA, you can earn the settlement that you deserve following the untimely death of a loved one. Our team from The Ward Firm is here to offer our sincere condolences and provide you with expert legal help for your wrongful death claim.
The Ward Firm: Expert Roseville Wrongful Death Lawyers
Our team has been working in personal injury and wrongful death cases for many years. We have a firm and thorough understanding of the laws and regulations that accompany these cases, as well as the reality for the surviving family. Through aggressive and relentless legal services, we can help your family to pay for damages and move forward financially. We have no patience for those who cause wrongful death accidents and strive to hold responsible parties accountable for their actions.
Though we adhere to a strict code of excellence in our legal work, we approach our wrongful death clients with absolute kindness. We know that you have been through unspeakable pain, and we aim to provide you with the legal support that makes you feel heard, understood, and advocated for. We are here for you and will fight to earn justice for your loved one and for your family.
Our experience as personal injury attorneys is unmatched in the Roseville area. We provide you with the best possible legal counsel if you are seeking compensation for wrongful death injuries.
What Is a Wrongful Death Case?
Wrongful death cases are similar to personal injury cases. In fact, they are within the same category of the legal system. In the latter, an individual or business prosecutes another individual or business whose negligence led to an accident or injury. In a wrongful death claim, the prosecution is pressing charges not because the defendant’s negligence led to an accident or injury but rather led to death. In other words, wrongful death claims are personal injury cases in which the victim did not survive the accident.
The key in these cases is negligence. The prosecution’s objective is to show the court that the offending party behaved negligently and that that negligence directly caused their loved one to die. Proving negligence depends upon the unique situation and type of accident that is relevant in your case. Our attorneys are here to help you to build your case and prove that negligence was involved in your loved one’s death.
Why Do I Need a Wrongful Death Attorney?
Many times, wrongful death cases are complicated. Though the situation may seem straightforward to you, the court must ensure the facts before the jury can make a decision about what happened. The process of proving these cases requires a significant amount of research, evidence collection, and well-crafted arguments. This is not something that many people can easily do without proper training.
When you are going through a wrongful death claim, you are also grieving your loved one. This fact alone is reason enough to hire an attorney. It is extremely difficult to give yourself the time and space to mourn while trying to build a case. You may be subjected to disturbing facts about or photos of your loved one through evidence collection and arguments. You should not endure this while you are going through the mourning process.
It is also important to note the significance of what is at stake in your claim. You need to give yourself the best chance of winning your case, and the best way to do that is through an experienced wrongful death attorney. If you win, you will likely receive compensation for funeral and burial expenses, as well as ongoing financial support. This money is extremely helpful for most families and may be the difference between financial stability and insecurity.
Proving Negligence in a Wrongful Death Case
As mentioned, proving negligence is key in a wrongful death claim. Without negligence, there is no way to hold the responsible party liable for the damage they caused. The type of negligence will depend upon the situation. However, at its core, negligence is any situation where an individual fails to meet their responsibilities or follow the law.
The most common and reliable way to prove negligence is through evidence. Common forms of evidence in wrongful death cases include:
CCTV or video footage of the accident
Photos of the accident scene
Photos of the injury
There may be other types of evidence that are relevant to your situation. Your attorney can help you to determine what information is necessary for your case and how to obtain evidence for your court date.
Types of Compensation in a Wrongful Death Claim
It is important to understand what you can expect if you win your wrongful death claim. In these scenarios, you will be entitled to a settlement payout from the defense and their insurance company. The settlement sum will depend upon the nature of your situation. However, it should account for the following:
Medical bills from the accident
Pain and suffering if the situation is particularly gruesome
The average wrongful death settlement is between $500,000 and $1,000,000. These figures can add up, and many families receive a sizable wrongful death settlement. Though these sums are not guaranteed, many people who win their case do earn a significant amount of money.
Wrongful Death from a Workplace Accident
If your loved one died as a result of a workplace accident, you might be entitled to further compensation. Workers’ compensation often has ongoing payment plans for wrongful death situations. Though you cannot press charges against an employer with workers’ compensation, you can create a claim against any third parties who helped to cause the accident through negligence.
For example, if your loved one died in a machine malfunction accident because their coworker was intoxicated on the job and did not follow protocol, you would likely receive workers’ compensation from your loved one’s employer. You could also create a wrongful death case against the coworker whose negligent behavior caused your loved one to die.
Workplace wrongful death cases often happen in dangerous industries such as construction or manufacturing. However, they can happen in any industry, location, or job role.
Wrongful Death and Car Accidents
Car accidents are very common, which means that death from car accidents is also common. Despite this, they are still heartbreaking and can cause serious pain for the victim’s family.
Operating a vehicle creates many opportunities for a driver to be negligent. Common types of driver negligence include:
Driving while under the influence of drugs or alcohol (DUI)
Turning to engage with passengers or children in the car
Eating, drinking, or smoking while driving
Failing to use proper signals
Failing to follow road signs, signals, and posted warnings
Texting, talking or using a phone while driving
Engaging in road rage, road races, or other dangerous activities
When a driver gets their license, they agree to follow all the rules of the road. If your loved one died in a car accident because another driver was doing one of the above activities, you likely have a wrongful death claim because they neglected the obligation set forth in their license agreement.
Driving while under the influence is extremely dangerous and often causes accidents, injuries, and death. If your loved one died because a driver was intoxicated, it is easy to feel angry about what happened. Fortunately, you may have an easier time proving your wrongful death claim if a DUI is involved.
DUI claims are criminal cases, meaning that the state or federal government brings the case against the individual. This is the way in which the government enforces the law. In this case, the state prosecutor will determine whether the individual was behaving illegally and charge them accordingly. At the same time, you may create a civil case against the individual. In a civil case, one citizen brings a case against another citizen to seek compensation. If the criminal case results in charges, you may be able to use this information to support your civil claim.
It can also be helpful to know that DUIs that result in death are felony charges rather than misdemeanors. This is the case regardless of the driver’s history and the circumstances in the situation. The individual responsible will likely spend time in prison if the court finds them guilty, which is a punishment that you cannot achieve through a civil case alone.
Wrongful Death and Medical Malpractice
Though we seek medical care to help us heal, sometimes doctors, nurses, and other medical professionals make dangerous errors or neglect their responsibilities. In these situations, victims can charge them with medical malpractice. If this behavior leads to death, the family has grounds for a wrongful death claim.
Wrongful death cases involving medical malpractice can be difficult to prove, as medical corporations do their best to hide any mistakes from families. However, it is still very worth seeking compensation if your loved one was mistreated. Types of medical malpractice that lead to death include:
Operating on the wrong person
Administering too much or too little medication
Administering the incorrect medication
Failing to perform basic hygiene practices
Operating while under the influence of alcohol or drugs
Leaving surgical tools or supplies inside the body cavity
Misdiagnosing an injury or disease
Failing to diagnose an injury or disease when the signs were clear
If you believe that medical malpractice led to your loved one’s death, you should seek legal representation right away. Retain all copies of medical records, and do not sign any waivers or documents without your attorney present.
How Much Does a Wrongful Death Attorney Cost?
Many families are concerned about the cost of legal representation. It is difficult to say how much an attorney will cost, as it often depends on your unique situation and the complexity of your case. Additionally, some attorneys charge hourly while others seek a portion of your settlement. It is always important to discuss costs with any potential attorneys before you hire them. This ensures that you can afford their services and that you can rely on their representation for the entirety of your case.
What many people fail to consider is the payoff of having an attorney. Wrongful death cases are complicated, and there is a lot of money at stake. With an attorney, you have the highest chance of winning your claim. If you do win your case, you gain money rather than lose it. Because of this, an attorney is an easy investment in your claim. Most people receive higher settlements when they hire an attorney than they would if they represented themselves in court. In fact, many people who self-represent do not win a settlement at all.
Contact The Ward Firm
Our team is here to represent you throughout your wrongful death case. We give you the best chance of winning your case, along with sensitive, understanding legal counsel to get you through this difficult time. Our many years of experience in this area give you an advantage in the courtroom as you seek justice for your loved one.
At your free initial consultation, you will meet directly with Justin, and he will explain how he can best help you with your case. If you decide to work with us, we will immediately get started on creating a strategy that protects your interests.
To get more information, call our office at 916-443-2474 or send us an email using our contact form. We are available by phone 24 hours a day. Se habla español.
The Ward Firm is open and actively assisting clients with personal injury, criminal, and employment related matters, and we do not anticipate any interruption in representation. However, please understand that all appointments will be telephonic as we observe the CDC's recommended social distancing.